Acórdão nº 9730885 de Court of Appeal of Porto (Portugal), 23 de Outubro de 1997
| Magistrado Responsável | OLIVEIRA BARROS |
| Data da Resolução | 23 de Outubro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CCIV66 ART407 ART413 ART755 N1 F ART1037 N2 ART1251 ART1253 C.
Jurisprudência Nacional: BMJ N349 PAG86. BMJ N358 PAG523. BMJ N376 PAG667.
Sumário: I - Através dos embargos de terceiro, o embargante pode efectivar qualquer direito incompatível com a realização da diligência judicial « que não apenas a posse :. II - Em embargos de terceiro deduzidos por apenso ao procedimento cautelar de restituição provisória de posse de determinado estabelecimento industrial de fiação, cuja entrega foi ordenada à requerente, ora embargada, embora na altura da restituição a embargante estivesse a utilizar os maquinismos, cuja propriedade não foi provada, e a ocupar o imóvel onde funciona o estabelecimento por virtude de contrato de arrendamento, prevalece a tradição do mesmo imóvel a favor da requerente da...
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